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(영문) 부산지방법원동부지원 2015.05.28 2013가합4417
채권자대위에기한건축허가권양도대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 30, 2003, the Plaintiff completed the registration of ownership transfer with respect to 3,272.1 square meters of Busan Shipping Daegu (hereinafter “instant project site”) on December 30, 2003, and completed the registration of ownership transfer with respect to 3,272.1 square meters to D on December 26, 2003.

B. In addition, on May 31, 2003, the Plaintiff established E (hereinafter “E”) and obtained a building permit from the competent authority to build automobile-related facilities in the instant project site, and transferred the ownership of the instant project site to E on February 9, 2004.

After that, on October 5, 2005, D completed the principal registration of the instant project site based on the provisional registration of the said paragraph with respect to the instant project site.

C. On June 13, 2007, the Plaintiff sold the instant business site to F for KRW 3.6 billion, and entered into a sales contract with F to receive the remainder after subtracting the amount of KRW 2.3 billion paid to D out of total purchase price of KRW 3.6 billion. On the same day, D entered into a sales contract with F to G Co., Ltd. (hereinafter “G”) which is the representative director, for sale of the instant business site, authorization and permission rights related thereto, and on-site removal facilities at KRW 3.34 billion in total.

Accordingly, G paid KRW 2.3 billion to D, and completed the registration of ownership transfer on the instant project site on June 28, 2007, and paid KRW 100 million to the Plaintiff on the same day.

G on June 28, 2007, set up a right to collateral security with respect to the instant project site at the National Bank, which set the maximum debt amount of KRW 3.9 billion, and received a loan of KRW 3.0 billion from the said Bank. As to the 1.8 billion among them, the Defendant provided joint and several sureties as the contractor.

In this regard, G will transfer land ownership to the person designated by Egyptian or Egyptian without any condition if there is no alternative for the repayment of the construction promotion fund and loans within six months after Egyptive to the Defendant on June 27, 2007.

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